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Friday, June 22, 2018

Prosecutorial misconduct of systematically injecting inadmissible evidence into child pornography trial was plain but did not warrant reversal; application of obstruction of justice enhancement erroneous and warranted remand for resentencing, even where district court imposed a downward variance

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United States v. Welshans ,  Appeal No. 16-4106 (3d Cir. June 14, 2018), 2018 WL 2976804 Welshans challenged his conviction and sente...

Second-degree aggravated assault with a deadly weapon (Pa) is categorically a crime of violence based on the elements clause of the career offender guideline.

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United States v. Ramos ,  Appeal No. 17-2720 (3d Cir. June 15, 2018), 2018 WL 2994410 On the government’s appeal, the Third Circuit fo...
Tuesday, June 05, 2018

Generic description of suspect sufficient to justify stop when analyzed under totality of the circumstances

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In United States v. Foster , Appeal Nos. 16-3650 & 16-4225 (3d Cir. May 30, 2018) , co-defendants challenged their convictions and sente...

Government's failure to file motion for reconsideration of suppression ruling within 30 days deprived Third Circuit of jurisdiction over interlocutory appeal

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In United States v. Kalb , Appeal No. 17-1333 (3d Cir. May 31, 2018) , the Third Circuit considered whether it had jurisdiction to hear the ...
Wednesday, April 04, 2018

Third Circuit Upholds Application of Sentencing Enhancements for Leadership Role and Conspiracy Relocation in Bank and Wire Fraud Conspiracy

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In United States v. Thung Van Huynh , 884 F.3d 160 (3d Cir., March 6, 2018), Defendant pled guilty to participating in a bank and wire fra...
Sunday, February 25, 2018

Good faith exception applied to evidence seized as the result of a warrant with extraterritorial application in violation of a then existing rule

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United States of America v. Gabriel Werdene, No 10-3588 (3d Cir., 2/21/2018) In an opinion dealing with a search warrant from the Eastern D...